Things you want to know about divorce in Australia

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Written By AndrewPerry

Founded in 2015 by a group of passionate legal professionals and enthusiasts, FlowingLaw started as a small blog. Today, it's a thriving community where ideas, expertise, and legal advice flow freely.





Could I get a fast divorce?

In Australia, There is absolutely no such thing as a minute or a quick divorce. To be able to make an application for divorce, spouses have to be split for a period of 12 or more weeks. When there’s a period of unsuccessful reconciliation for 3 months or longer, the 12-month separation restarts. By applying for a divorce in Australia to finalizing one, normally requires at least four weeks.

Imagine if we’ve been residing together for your separation period?

It is still possible to get a divorce but you have to provide proof that you are separated. This may consist of quitting sexual activity, residing in separate rooms, having distinct bank account, cooking your own meals and being open about your separation to friends, family as well as acquaintances.

We have not been married, does this imply a divorce will take much less time?

If you have been married less than two decades, you and your spouse will initially have to attend a mediation session and also get a certification from the counsellor. If this can’t be achieved for particular reasons, an affidavit has to be registered. Later, standard divorce processes apply, such as the 12 month separation period.

If my spouse does not want a divorce, is it possible?

Provided that you can prove that your union has ‘irretrievably broken down ‘grounds for divorce have been established. But, all spouses have the right to learn about the divorce and there are stringent deadlines about filing court records. If your spouse opposes a divorce, then they could file a reply before the hearing.

Can I remarry immediately after divorce?

When you receive your divorce certificate, your new marital standing isn’t considered final for a month. So no, do not remarry immediately — it is considered bigamy!

Can the courts punish me since I had an event?

Under Australian law there’s a ‘no fault’ authority, so that the divorce does not need blame to be changed. Rather, the court needs that the 12-month separation to understand that the union has ‘irretrievably broken down’.

Can a divorce include parenting and strength agreements?

You will have to create property and parenting arrangements outside of divorce. Should you want for the courts to participate on your matrimonial strength issues, notice that the program has to be obtained within 12 months of the finalization of their divorce?

Do the courts consistently side with wives?

Australian legislation is directed by honest principles. By way of example, if a debate over sharing of funding assets happens, the court takes into consideration non-financial and fiscal involvement of each party. Concerning parenting disagreements, the court focuses on what’s in the best interest of their child.